The Gazette 1986

GAZETTE

APRIL 1986

The Role of a Solicitor in Relation to the

Motor Insurers' Bureau of Ireland Agreement

30/12/1964

by N . S .

Chairman and Secretary of the

ost solicitors are

au fait

with this Agreement and

its connection with the Road Traffic legislation

but a small minority appear to consider a Bureau claim

as similar to a Third Party claim for an insurance com-

pany . . . unless we hear from you within seven days,

etc. . . .

The M.I.B. of I. operates a system of compensation

for victims of uninsured motorists and it is our wish to

be helpful within our terms of reference.

It is important that solicitors should be familiar with

all the provisions of the current Agreement between the

then Minister for Local Government and the Motor

Insurers' Bureau of Ireland. The Bureau is under an

obligation to apply the terms of the Agreement strictly

and solicitors must have particular regard to any pre-

scribed limitation periods, e.g. the necessity to present

an application within three years of the date of the

accident. The Bureau considers personal injury claims

only and in relation to vehicles registered in this State.

Upon being consulted by a client whose injuries

appear to have been caused by the negligence of another, a

solicitor's first task it to make written application by

registered letter to the M.I.B. of I. (Clause 7) as soon as

possible. The Bureau will in most cases send out a

yellow claim form for completion. Some applications

are outside the scope of the Bureau e.g. a passenger in a

commercial vehicle, and in these cases the Bureau will

advise the position to the solicitor. On receipt of the

yellow form, the Bureau will investigate the details and

send the case to a member company or handling office

to settle. From time to time cases need to be referred to

the M.I.B. of I. Council for decision and the solicitor

will be advised of the outcome.

Any investigation in which the prospective defendant

is unavailable presents its own difficulties and enquiries

can take time to complete. During such enquiries it is

sometimes found that there may be an insured potential

defendant upon whom liability may rest. M.I.B. of I. is

essentially a body of "last resort" and only becomes

involved if recovery cannot be effected elsewhere.

The exclusion of certain passenger claims under

Clauses 3(1) and 3(2) should be noted carefully together

with the provisions of Clause 4. Also "injury to person"

does not include any injury by way of loss of services of

the person injured.

While it has been held that the Notes at the back of

the Agreement do not form part of the Agreement, Note

8 is important in relation to "hit and r un" cases. The

Bureau will always look at such cases and if the

two

main points are present e.g. serious and permanent dis-

ablement (or death) to the victim struck as revealed by

medical evidence,

and

that a liability under the Road

Traffic Acts exists on the part of the driver had he been

found, then consideration will be given by the Council

of the Bureau to making an

ex gratia

award. This is an

area which sometimes creates difficulty for solicitors.

These "Note 8 " cases are referred to the Council of the

Mulvin

Motor Insurers' Bureau of Ireland

Bureau for consideration and all available evidence is

considered. The Council is comprised of claims officials

from member offices who are well aware of the approxi-

mate Court value of a claim. We wish to be fair to every

applicant and the most up to date medical report should

be submitted as one of the grounds for an award appli-

cation. Awards are mirrored by the current level of Court

awards, provided the application qualifies. Note 8 should be

studied

as the Bureau criteria are based on this. When

an application for an

ex gratia

award under Note 8 is

turned down by Council - and bear in mind that Council

are well aware of the function of the Bureau and try to

find for the applicant where possible - some solicitors

apply to the Minister. This they are perfectly entitled to

do but perhaps a more satisfactory approach for their

client might be to see if any

fresh

evidence can be found

and the Council will always reconsider a decision if

necessary. An example could be the production of a

witness who saw a vehicle at the scene of a "hit and run"

accident which could have been negligently driven, etc.,

etc., to assist previously unsubstantiated evidence.

From very occasional correspondence between solicitors

and Bureau the impression could be gained that we were

in a conflict situation e.g. "we refuse to share a medical

report with you . . . " in a situation where there was an

untraced motorist! Unfortunately the victim is forgotten

and unfortunately in the past it has also happened that

the Bureau applications have been dropped due sadly to

apathy. Let us realise that we can

all

contribute to the

successful operation of the M.I.B. of I. Agreement by

full co-operation in the interests of the victim or victims

- the client.

Copies of the M.I.B. of I. Agreement (P.R. 8126)

dated 30/12/64 were out of print for some years but

they have recently been reprinted and are available from

the Government Publications office, Dublin.

With

Untraced Driver

cases the Bureau normally pays

the following costs:-

1. Up to £100 legal costs.

2. Cost of medical reports, Garda reports, etc., sub-

mitted by the applicant's solicitors which may assist

the handling office outlay, up to a maximum of £100.

3. In addition, if the Bureau insists in the case of a Minor

that the "settlements" be ruled, the Bureau will pay

costs of ruling up to £100.

Should a

foreign registered

vehicle visiting the State

cause an accident, our sister Bureau, the Irish Visiting

Motorists Bureau will consider the facts with a view to

seeing that compensation is payable where applicable to

the innocent victim.

Both Bureaux at 5/9 South Frederick Street, Dublin 2,

will always be happy to offer advice or to discuss any

case.

Office hours: 9.00 a.m. to 3.00 p.m.

Telephone Nos.: 774569, 719443, 714062.